HomeMy WebLinkAboutA001 - Council Action Form dated July 27, 2023 ITEM #: 11
DATE: 07-27-23
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENT TO THE ALLOWABLE USES IN GENERAL
INDUSTRIAL (GI) ZONING DISTRICT TO PERMIT INDOOR SPORTS
PRACTICE FACILITIES
BACKGROUND:
At the meeting on June 27, 2023, Council reviewed a request from Savage Gymnastics
Academy about options for sites that they could re-establish a gymnastics facility (see
Attachment A). The Academy was recently asked to leave the building it had been using
on the Iowa State University campus. The Academy searched for a new location and
found a vacant building for lease meeting their size needs in the General Industrial "GI"
Zoning District at 1914 E. Lincoln Way. GI zoning, however, does not allow for either
"Entertainment, Restaurant and Recreation —General", a category which includes "Health
clubs and gyms" (in addition to other sports uses), or "Sports Practice Facilities" which is
narrowly defined type of sport facility that is not for general recreation (see below).
Staff determined that a gymnastics academy could be considered either a recreation use
or a "Sports Practice Facility". These use categories are allowed within various
commercial zoning districts but not GI (Attachment B). The applicant is requesting to be
allowed to operate a gymnastics facility in GI zoning.
Sports Practice Facilities are defined as the following in Table 29.501(4)-7:
An indoor facility dedicated solely to the training and development of sports teams.
Uses shall not include the playing of scheduled games, matches, championships,
or tournaments. The facility may have limited observation seating for family and
associates of the players who wish to watch the practice, but it is not open to the
public, nor is the facility used for other assembly-type uses when not otherwise
used for sports practice. The facility may also include ancillary offices.
Gymnastics does have unique requirements for a space, primarily the height of the
ceiling. The Academy also needs an open floorplan of sufficient size. In looking around
Ames, the Academy found few available buildings that meet their physical requirements.
The applicant has stated that no appropriate commercial or retail spaces were available.
The Academy's desired location on E. Lincoln Way most recently housed McDonald
Supply, a distributor of plumbing and HVAC supplies (McDonald moved to a new, larger
location in Ames). The size of the structure, 5,400 square feet, meets the needs of the
gymnastics academy.
Any text amendment will apply to all of the General Industrial zoning district area in the
City; it is not specific to one site.
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Proposed Ordinance:
City Council considered three options as part of its initial discussion on June 27th. Two
options were for amendments to the General Industrial zoning standards, while the third
option was to consider rezoning the site to Highway Oriented Commercial. City Council
directed the applicant to pursue Option 2 for a text amendment to allow for the use
upon approval of a Special Use Permit within General Industrial Zoning Districts.
Savage Gymnastics filed the text amendment application as directed by City Council.
Approval of the proposed text amendment would amend the Zoning Ordinance to allow
for Sports Practice Facilities within GI through the Special Use Permit (SUP) process.
SUPs are reviewed by the Zoning Board of Adjustment. Requiring an SUP process would
add a level of scrutiny concerning compatibility of uses and could help to prevent too
many industrial properties from being converted to non-industrial uses in the future.
The use would still need to meet all development requirements such as minimum parking
and requirements of the Building Code. (The minimum parking for a Sports Practice
Facility is 2 spaces per 1,000 square feet of gross floor area.)
The SUP criteria are shown in Attachment D.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission met on July 19, 2023, to consider the proposed
text amendment. The Commissioners discussed how a Special Use Permit would apply
to a Sports Practice Facility and the process of review by the Zoning Board of Adjustment.
The Commission also reviewed what qualifies as a Sports Practice Facility.
The Commission voted 6-0-0 to recommend that the City Council amend the General
Industrial (GI) Zoning District allowable uses in Table 29.901(2) to permit Sports Practice
Facilities (Indoor) via a Special Use Permit.
ALTERNATIVES:
1. Approve on first reading a text amendment to the General Industrial (GI) Zoning
District allowable uses in Table 29.901(2) to permit Sports Practice Facilities
(Indoor) via a Special Use Permit.
2. Direct staff to initiate a rezoning process for the property to highway commercial
rather than approve a zoning text amendment.
3. Do not approve the proposed text amendment.
CITY MANAGER'S RECOMMENDED ACTION:
The City has an interest in maintaining industrial land for a variety of employment and
processing activities that meet a diverse set of economic development needs for the City.
By opening up industrial property to other uses, there is the potential to erode the land
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set aside for this important economic function. The City does not allow
entertainment/recreation uses in this zone, but does allow for limited amounts of retail
and personal service uses, including requirements for larger facilities with a Special Use
Permit, and other uses such as daycare that are not traditional uses within industrial
areas. The purpose of General Industrial zoning is described below.
Sec. 29.901 . states the following about the purpose of the General Industrial Zone:
(1) Purpose. This Zone is intended to provide a limited development review
procedure, involving only developer- and staff-coordinated efforts to satisfy the
planning and permitting requirements. This District applies to those areas where
there is a need to provide a desirable industrial environment and to promote
economic viability of a type generally not appropriate for or compatible with retail
sales areas. A site plan review process is required in order to assure such
development and intensity of use in a way that assures safe, functional, efficient
and environmentally sound operations.
Due to the unique requirements for a gymnastics academy, industrial buildings are well-
suited to host their use due to large open areas within their floor plans and high ceiling
height. It is unlikely that any significant changes will be made to an industrial building by
a gymnastics academy that would prevent a return to an industrial function. While special
equipment will need to be installed (uneven bars, balance beams, etc.), these do not
require physical alterations to the structure. Staff believes it is not uncommon for older
industrial buildings to be used for sports facilities because of building configurations.
Review of the individual plans for a site would occur with a Special Use Permit.
Staff is aware of other types of sports facilities in the area. Larger, new commercial
facilities have also been built to suit specific sports needs, such as All Iowa Attack in
Ames. Another example is Kingdom Hoops, which has a facility within an industrial
building in north Des Moines and a new facility within a commercial zone in Grimes. These
facilities are much larger in scope that what is desired by Savage.
The GI zoning district is the most common industrial district within the City. The properties
zoned GI in some parts of the City tend to have older, smaller buildings that would suit
the needs of a gymnastics academy due to the open floor space and ceiling heights.
These types of buildings are uncommon within the City's commercial zones. While an
industrial zone is not an ideal location for a sports use in many instances, the applicant's
goals could be accomplished with minimal impact to the City's industrial base through
review of a Special Use Permit.
Unique to this request, staff believes the preferred site works well for the intended use
based upon the Ames Plan 2040 General Commercial designation and businesses that
exist in this area but has concerns about broader implications of changes to GI zoning.
Therefore, having an SUP process will allow for a greater degree of scrutiny for
compatibility with industrial neighbors. The SUP review by the Zoning Board of
Adjustment will also add a level of review that can prevent economically important
industrial land from being given to other uses. Therefore, it is the recommendation of the
City Manager that the City Council approve Alternative No. 1 .
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Attachment A
Initial Request to Council
BARTEN LAW P.C. 515
• 515-233-59135911
• IMMIGRATION LAWYERS dropbox@bartenlawoffice.corn
www.immigrationiowa.com
May 26.2023
Ames City Mayor
John Haila
Ames City Council
Tim Gartin
RachelJunck
Amber Corrieri
Gloria Betcher
Anita Rollins
Bronwyn Beatty-Hansen
Tabitha Etten
VIA EMAIL:MayorCouncilCcityofames.org
RE: Zoning Ordinance Assistance for Relocation of Savage Gymnastics Academy
Dear Honorable Mayor and City Council;Members:
i am writing on behalf of Savagc Gymnastics Academy(`the Academy").See Ex.1,
https://%wvw.savapeg nmastics.comt. The Academy was formerly Cardinal Gymnastics
Academy which operated for more than 30 years on the Iowa State University campus in the
Beyer Hall university gymnastics team facility.The Academy provides year-round education and
training to preschool,elementary and secondary school-aged children through gymnastics
disciplines.This past year,the Academy served over 150 children from Ames and surrounding
communities.There are a wide range classes including:Tiger Tots,Tumble Tigers,Beginner,
Intermediate,Advanced,Acro,Ninja,Advanced Acro/Tumbling,competitive Pre-Team and
Junior Olympic Team as well as Adaptive. See Ex.2,Class Enrollments.We are aware of no
other facility providing Adaptive gymnastics classes for children in the State of Iowa.
The Academy is operated by Ames resident Crystal Savage.Crystal Savage is a former First-
Team All-American,All-Big Eight,and Academic All-Big Fight gymnast from University of
Nebraska.See Ex.3,httys://huskers.com/sports/womens-vmnastics/roster/crystal-
sava$e/7579. She is also a physical therapist with her education from Washington University in
Ames
1212 McCormick Avenue,Suite 100
Ames,Iowa 50010
4
St.Louis.The coaches for the Academy are current and former,competitive and university
gymnasts residing in Ames and attending Iowa State University.
The Academy held the end of season Spring Showcase recently on April 29,2023.The day
before,the children,their adults and coaches were informed the Academy was required to vacate
the facility by May 1,2023. There were lot of tears and sadness for the children,parents and
coaches on the day of the Spring Showcase.lows State University early terminated the lease
with the Academy to move forward with construction on Beyer Hall.See Ex.4,
https://www.conitruction iournal.com/pro*ectl/details/6096ch5aldOe43bba47b3a3O4daO3ld
c.html.
The Academy is urgently seeking another facility in which to reopen within the city of Ames.
There are 150 children,their families and the university student coaches anxiously waiting for
the re-opening.No other gymnastic facility can instantly absorb 150 students.Some parents are
taking their children outside the city of Ames.The competitive Pre-team and Junior Olympic
team require on-going consistent training in order to safely learn and perform flight skills.The
children in the Adaptive classes do not have other alternatives to receive this programming.They
cannot wait months to begin classes again.
We arc informed by City of Ames Zoning staff the Academy would fall under Use Category:
Miscellaneous:Sports Practice Facilities.See Ex.5,Chapter 29,Article 5-1,Table 29-501(4)-
7.Sports Practice Facilities appears to be defined by the adoption of'Fable 29-501(4)-7 in(Ord.
No.3993,06-22-10).The definition is as follows:
Sports Practice Facilities
Definition. An indoor facility dedicated solely to the training and development of
sports teams.Uses shall not include the playing of scheduled games,matches,
championships,or tournaments.The facility may have limited observation seating
liar tamily and associates of the players who wish to watch the practice,but it is
not open to the public;nor is the facility used for other assembly-type uses when
not otherwise used for sports practice.The facility may also include ancillary
offices.
See Ex.5,Chapter 29,Article 5-1,Table 29-501(4)-7.
The shortage of available buildings in Ames is a significant obstacle for re-opening.Gymnastics
education and training centers require high ceilings for flight skills.See Ex.6,
https://zvmnasticszone.com/gym-ceiling-heightt There must be enough adequate square-
footage to accommodate the equipment.There is a 42'x 54'power tumbling spring floor and at
least one vaulting table with 80'runway.To accommodate group classes there are multiple
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1212 McCormick Avenue,Suite 100
Ames,Iowa 50010
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balance beams,multiples of uneven bars,various sized trampolines,climbing ropes and mats of
various sires.Sports Practice Facilities are limited the zoned areas of Community Commercial
Nude(CCN)and Highway-Oriented Commercial(HOC)Zone uses.See Ex.7,Chapter 29,
.article 8.
The Ames Economic Development Commission website shows 30 total available facilities
located within the city of Ames.See Ex.8,httos://amesedc.com/. A summary of the available
facilities shows there are no affordable available spaces with adequate ceiling height and
adequate square footage within the CC N or HOC zones in the City of Ames.See Ex.9,
Summary of Available Facilities.There is an immediately available commercial class facility
located in the General Industrial zone at 1914 East Lincoln Way,Ames,Iowa that meets the
needs for the Academy.The legal description is:
Lot 2 in EAST LINCOLNWAY DEVELOP XTFNT SUBDIVISION,an Official
Plat,now included in and forming a part of the City of Ames,Story County,Iowa
The facility is owned by Prime Properties of Iowa,LC,Chris and Kendra Mosman.They are
willing to lease the facility to the Academy.The facility is a vacant,open span truss,steel
building with parking located off a Iontage road that runs parallel to East Lincoln Way.17he
frontage road along East Lincoln Way assists with preventing traffic congestion for safer pick-up
and drop-oIT.The facility provides for employee parking to the south of the building,parent
parking for drop oITin the front and side,adequate I1VAC/AC and restroom facilities.The use of
electricity,gas will he the same usage.sewer and water is expected to be commensurate with a
facility that operates year round during the afternoon into early evening.The facility is near to a
U.S.postal box pick-up site,the neighborhood mailboxes and a fire hydrant.
The Academy is currently prevented from re-opening at 1914 East Lincoln Way because the
parcel is located within Primary Zoning:01—Cenral Industrial Zone.See,Ex.10,Ames Ciit
Assessor Report.According to the City of Ames Zoning Code,Section 29.901:
Sec.29.901."GI"GENERAL INDUSTRIAL ZONE.
(1) Purpose.This Zone is intended to provide only a limited
development review procedure,involving only developer-and staff-coordinated
efforts to satisfy the planning and permitting requirements.This District applies to
those areas where there is a need to provide a desirable industrial environment
and to promote economic viability of a type generally not appropriate for or
compatible with retail sales areas.
See Ex.11,Sec.29.901.
Ames
1212 McCormick Avenue,Suite 100
Ames,Iowa 50010
6
We are informed that General industrial Zone Uses Table 29.901(2)includes"Child Day Care
Facilities and Vocational/Technical High Schools."See Ex. 12,Table 29.901(2).Upon a
cursory review,use by the Academy matches institutional Use by providing education and
training to children,building their social,emotional,intellectual and physical development
through gymnastics disciplines. USA Gymnastics, hLtps:.,-/usagygj.org. Classes for the preschool
and school-aged children will are held during the day until early evening with children attending
l —3 times weekly.Dr.Kariss Niehoff,the Executive Director of the National Federation of
State High School Association states:
"Similar to teachers who influence learning in the classroom,coaches of sports or
debate teams can influence learning through sports and activities.In cocurricular
activities,students have one overall learning experience.And perhaps most
importantly,what students do not learn in the classroom,they learn on stage or in
gymnasiums.Completing the educational process through activities,students
learn teamwork,fair play,sell'-discipline,self confidence and how to handle
competitive situations."
https://www.nf hs.org/articles/high-school-athletics-performing-arts-don-t-cal l-them-
extracurricular-activities/.
However,as Zoning Staff point out Child Day Care Facilities are specifically and separately
defined in Table 29.501(4)-5 institutional Use Categories.The definition of Child Day Care
Facilities is as follows:
Child Day Carc Facilities
Definition.Uses where a program of supplementary care,protection,and
supervision is regularly provided to children at least twice a week.The
service is provided outside the home of the care recipients and covers only
a portion ol'the day.Child Care Facilities uses include"group child care
homes","child care centers"and"registered family child care homes"as
those terms are defined in the Iowa Code.Commercial Day Care uses
permitted under this Ordinance do not include any unlicensed facilities for
which licensure is required by law.Exception:home Day Care,which
includes"family child care homes"as defined by the Iowa Code.
Connnerical Day Care uses permitted under this Ordinance do not include
an unlicensed facilities for which liccnsure is required by law.
See Ex.12,Table 29.501(4)-S Institutional Use Categories.
Initially the Academy looked at applying for a Special Use Permit.However,the Zoning staff
pointed out a Special Use Permit does not apply to this situation The building located at 1914
East Lincoln Way has been vacant since McDonald Supply,a distributer of plumbing,HVAC
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1212 McCormick Avenue,Suite 100
Ames,Iowa 50010
7
and industrial supplies moved.The'Zoning staff inform McDonald Supply was a conforming
use.The Special Use Permit only allows change from one non-conforming use to another or
same non-conforming use,not from a conforming use to a non-conforming use.See Ex.13,
Chapter 29,Article 307.2(f)NONCONFORM7TiES.
in order to allow the Academy to continue to provide this preschool and school-age children
programming in the City of Ames,the Academy requests City Council's assistance as there does
not appear to be a way forward.
One suggestion is for the City Council to amend the General Industrial Zone Uses Table set forth
in'fable 29.901(2)to include the Miscellaneous Use of Sports Practice Facilities for Preschool
and School-age Children.The Academy suggests the City Council amend the definition of Sports
Practice Facilities in Table 29-501(4)-7 to add a sub-category for Preschool and School-age
Children.This would be in our estimation the most expedient as it does not require re-zoning the
parcel,just an addition to the two tables.The suggested sub-category is listed below.
Snorts Practice Facilities
Definition. An indoor facility dedicated solely to the training and development of
sports teams.Uses shall not include the playing of scheduled games,matches,
championships,or tournaments.The facility may have limited observation seating
for family and associates of the players who wish to watch the practice,but it is
not open to the public;nor is the facility used for other assembly-type uses when
not otherwise used for sports practice.The facility may also include ancillary
offices.
For Preschool and School-Aced Children—The definition of Sports Practice
Facilities includes a sub-category For Preschool and School-Aged Children
defined as a use dedicated soley to the training and development gfsports teams
and individual sports for preschool,elementary. middle school.and secondary
aged children.
[Emphasis Added/
There arc several reasons that support this suggestion.The City Council already contemplated
children's programming in the General Industrial zone as acceptable by including Day Care
Facilities uses that closely parallel the Academy's proposed use of providing education and
training to children through gymnastics disciplines.Meeting the public policy goal of providing
for children's health is a significant benefit to the children within the City of Ames.The CDC
recommends children ages 3-5 years be physically active throughout the day and children ages
6— 17 years engage in 60 minutes or more daily of moderate to vigorous intensity activity that is
aerobic,muscle-strengthening and bone-strengthening.See Ex. 14,How much physical activity
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1212 McCormick Avenue,Suite 100
Ames,Iowa 50010
8
do children need?,Center for Disease Control and Prevention.Further,with the limiting sub-
category of"Pre-school and School-age Children"the floodgates for all Sports Practice Facilities
are not opened within the General Industrial zone.
Our contact information is below.
Property Owner PRIME PROPERTIES OF IOWA LC, 127 S Bell Avenue,Ames,IA 50010
Attn Chris Mosman
Phone:515-209-5769
Email:primepropertiesiowa(d;ganail.com
Applicant:Crystal Savage
Business:Classic Events USA,LLC dba Savage Gymnastics Academy
Address:2804 Pinehurst Circle,Ames,IA 50010
Phone:405-822-7412 Email: savag_egymnasticsacademyriig nail.com
Contact Person: JoAnn Barten
Business:Barten Law,P.C.
Address: 1212 McCormick Avenue,Ames,Iowa 50010
Phone Number:515-233-4388 Email:jbaRen a�bartcnlawoffice.com
Thank you in advance for considering the Academy's request for assistance so they can continue
to provide this important child programming within the City of Ames.We look hearing from you
at your earliest convenience and appreciate your understanding as to the urgency of re-opening
as quickly as possible.
Sincerely,
2�,
Jo L.Barten
Attorney
Ames
1212 McCormick Avenue,Suite 100
Ames,Iowa 50010
9
Attachment B
Current Zoning Code Requirements for "GI" General Industrial Zoning
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES N -- --
OFFICE USES Y SDP Minor Staff
TRADE USES
Retail Sales and Services - General Y SDP Minor/SP Staff/ZBA
Uses Greater than one 3,000 sf use
per site require a Special Use Permit
from the ZBA.
Automotive and Marine Craft Y SDP Minor/SP Staff/ZBA
Uses greater than one 10,000 sf use
per site require a Special Use Permit
from the ZBA.
Entertainment, Restaurant and N -- --
Recreation—General
Banquet halls, and Exhibition and Y when in SDP Minor Staff
meeting areas combination
with
manufacturing
and processing
industrial uses
on the same lot
or parcel
Wholesale Trade Y SDP Minor Staff
INDUSTRIAL USES
Manufacturing/Processing Y* SDP Minor Staff
*Except Major Industrial Groups 28
&29
Resource Production/Extraction Y SDP Minor Staff
Warehousing/Freight Storage Y SDP Minor Staff
Industrial Service (except Salvage Y SDP Minor Staff
Yards
Salvage Yards Y SP ZBA
See Sections 29.1306 and 29.1503
Waste-Processing and Transfer Y SP ZBA
INSTITUTIONAL USES
Child Day Care Facilities and Y SDP Minor Staff
Vocational/Technical High Schools
Colleges and Universities Y SP ZBA
TRANSPORTATION, Y* SDP Minor Staff
COMMUNICATIONS,AND
ESSENTIAL SERVICES
*Except Passenger Terminals
10
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
Personal Wireless Communication Y SP ZBA
Facilities
MISCELLANEOUS USES
Adult Entertainment Facilities N -- --
Commercial Outdoor Recreation N -- --
Detention Facilities Y SP ZBA
Major Event Entertainment N -- --
Vehicle Servicing Facilities Y SDP Minor Staff
Y = Yes: permitted as indicated by required approval.
N = No: prohibited
SP = Special Use Permit required: See Section 29.1503
SDP Minor = Site Development Plan Minor: See Section 29.1502(3)
SDP Major = Site Development Plan Major: See Section 29.1502(4)
ZBA = Zoning Board of Adjustment
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Attachment C
Proposed Zoning Code Requirements for "GI" General Industrial Zoning
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES N -- --
OFFICE USES Y SDP Minor Staff
TRADE USES
Retail Sales and Services - General Y SDP Minor/SP Staff/ZBA
Uses Greater than one 3,000 sf use
per site require a Special Use Permit
from the ZBA.
Automotive and Marine Craft Y SDP Minor/SP Staff/ZBA
Uses greater than one 10,000 sf use
per site require a Special Use Permit
from the ZBA.
Entertainment, Restaurant and N -- --
Recreation—General
Banquet halls, and Exhibition and Y when in SDP Minor Staff
meeting areas combination
with
manufacturing
and processing
industrial uses
on the same lot
or parcel
Wholesale Trade Y SDP Minor Staff
INDUSTRIAL USES
Manufacturing/Processing Y* SDP Minor Staff
*Except Major Industrial Groups 28
&29
Resource Production/Extraction Y SDP Minor Staff
Warehousing/Freight Storage Y SDP Minor Staff
Industrial Service (except Salvage Y SDP Minor Staff
Yards
Salvage Yards Y SP ZBA
See Sections 29.1306 and 29.1503
Waste-Processing and Transfer Y SP ZBA
INSTITUTIONAL USES
Child Day Care Facilities and Y SDP Minor Staff
Vocational/Technical High Schools
Colleges and Universities Y SP ZBA
TRANSPORTATION, Y* SDP Minor Staff
COMMUNICATIONS,AND
ESSENTIAL SERVICES
*Except Passenger Terminals
12
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
Personal Wireless Communication Y SP ZBA
Facilities
MISCELLANEOUS USES
Adult Entertainment Facilities N -- --
Commercial Outdoor Recreation N -- --
Detention Facilities Y SP ZBA
Major Event Entertainment N -- --
Vehicle Servicing Facilities Y SDP Minor Staff
Sports Practice Facilities (Indoor Y SP ZBA
O ly) — —
Y = Yes: permitted as indicated by required approval.
N = No: prohibited
SP = Special Use Permit required: See Section 29.1503
SDP Minor = Site Development Plan Minor: See Section 29.1502(3)
SDP Major = Site Development Plan Major: See Section 29.1502(4)
ZBA = Zoning Board of Adjustment
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Attachment D
Special Use Permit Requirements and Criteria
Sec.29.1503. SPECIAL USE PERMIT.
(1) Purpose. This Section is intended to provide a set of procedures and standards for specified uses
of land or structures that will allow practical latitude for the investor or developer,but that will, at
the same time,maintain sound provisions for the protection of the health, safety,convenience,and
general welfare. This Section permits detailed review of certain types of land use activities that,
because of their particular and unique characteristics, require special consideration in relation to
the welfare of adjacent properties and to the community as a whole. Land and structural uses
possessing these characteristics may be authorized within designated Zones by the issuance of a
Special Use Permit.This Section also provides for the use of Single Family Dwellings,Two Family
Dwellings,and Single Family Attached Dwellings by a Functional Family.
(2) Submittal Requirements. In accordance with Section 29.1503, Applicants must submit an
Application for a Special Use Permit to the Planning and Housing Department for consideration
by the Zoning Board of Adjustment. The Application for a Special Use Permit shall be
accompanied by:
(a) A statement of supporting evidence that the general and specific standards as delineated in
this Article will be fulfilled;
(b) A Site Plan meeting all the submittal requirements stated in Section 29.1502(2),unless no
site improvements are required; and
(c) Preliminary plans and specifications for all construction, as applicable.
(3) If a proposed Special Use is within an existing building and improved site,plans for use of the site
and building must be submitted in lieu of the Site Plan requirements.
(4) Procedure for Special Use Permits.
(a) Zoning Board of Adjustment. The Zoning Board of Adjustment shall consider the
application at a public hearing conducted as part of a regularly scheduled meeting.
Notification of the public hearing shall be made by mail, posting, and publication, in
accordance with Sections 29.1500(2)(d)(i), (ii) and (iii) above. The Zoning Board of
Adjustment must approve, deny, or modify the Special Use Permit application within 60
days of the public hearing.
(5) Review Criteria. Before a Special Use Permit application can be approved, the Zoning Board of
Adjustment shall establish that the following general standards, as well as the specific standards
outlined in subsections (b), (c), and (d) below, where applicable, have been or shall be satisfied.
The Board's action shall be based on stated findings of fact. The conditions imposed shall be
construed as limitations on the power of the Board to act. A mere finding that a use conforms to
those conditions or a recitation of those conditions, unaccompanied by specific findings of fact,
shall not be considered findings of fact for the purpose of complying with this Ordinance.
(a) General Standards. The Zoning Board of Adjustment shall review each application for the
purpose of determining that each proposed use meets the following standards, and in
addition, shall find adequate evidence that each use in its proposed location will:
(i) Be harmonious with and in accordance with the general principles and proposals
of the Land Use Policy Plan of the City;
(ii) Be designed, constructed, operated, and maintained so as to be harmonious in
appearance with the existing or intended character of the general vicinity and that
such a use will not change the essential character of the area in which it is proposed;
(iii) Not be hazardous or disturbing to existing or future uses in the same general
vicinity;
(iv) Be served adequately by essential public facilities and services such as highways,
streets, police, fire protection, drainage structure, refuse disposal, water, and
sewage facilities, and/or schools;
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(v) Not create excessive additional requirements at public cost for public facilities and
services;
(vi) Not involve uses, activities, processes, materials, equipment, or conditions of
operation that will be detrimental to any person, property, or general welfare by
reason of excessive production of traffic,noise,smoke,fumes,glare,or odors;and
(vii) Be consistent with the intent and purpose of the Zone in which it is proposed to
locate such use.
(b) Residential Zone Standards. The Zoning Board of Adjustment shall review each
application for the purpose of determining that each proposed use in a residential zone
meets the following standards, as well as those set forth in Section 29.1503(4)(a) above
and,in addition, shall find adequate evidence that each use in its proposed location will:
(i) Not create excessively higher levels of traffic than the predominant pattern in the
area and not create additional traffic from the proposed use that would change the
street classification and such traffic shall not lower the level of service at area
intersections;
(ii) Not create a noticeably different travel pattern than the predominant pattern in the
area. Special attention must be shown to deliveries or service trips in a residential
zone that are different than the normal to and from work travel pattern in the
residential area;
(iii) Not generate truck trips by trucks over 26,000 pounds g.v.w (gross vehicular
weight) to and from site except for food delivery vehicles, waste collection
vehicles and moving vans;
(iv) Not have noticeably different and disruptive hours of operation;
(v) Be sufficiently desirable for the entire community that the loss of residential land
is justifiable in relation to the benefit;
(vi) Be compatible in terms of structure placement, height, orientation, or scale with
the predominate building pattern in the area;
(vii) Be located on the lot with a greater setback or with landscape buffering to minimize
the impact of the use on adjacent property; and
(viii) Be consistent with all other applicable standards in the zone.
(c) Commercial Standards.The Zoning Board of Adjustment shall review each application for
the purpose of determining that each proposed use located in a commercial zone meets the
following standards as well as those set forth in Section 29.1503(4)(a) above and, in
addition, shall find adequate evidence that each use in its proposed location will:
(i) Be compatible with the potential commercial development and use of property
planned to occur in area;
(ii) Represent the sufficiently desirable need for the entire community that the loss of
commercial land is justifiable in relation to the benefit; and
(iii) Be consistent with all other applicable standards in the zone.
(d) Special Use Permits for Functional Families.
(i) Purpose. This Section is to provide for the regulation of Functional Families that
may request to reside in a Single Family Dwelling,Two Family Dwelling or Single
Family Attached Dwelling. The regulations are also intended to prohibit larger
groups of unrelated persons from residing in Single Family Dwellings, Two
Family Dwellings, or Single Family Attached Dwellings. Larger groups of
unrelated persons have frequently shown to have a detrimental affect on Single
Family neighborhoods since larger groups of unrelated persons do not live as a
family unit and do not have significant economic or emotional ties to a
neighborhood.
(ii) Standards of Functional Families. The Zoning Board of Adjustment shall review
each application for a Special Use Permit for a functional family as provided for
15
in this section after having determined that the application meets the following
standards:
a. The functional family shares a strong bond or commitment to a single
purpose(e.g.,religious orders);
b. Members of the functional family are not legally dependent on others not
part of the functional family;
c. Can establish legal domicile as defined by Iowa law;
d. Share a single household budget;
e. Prepare food and eat together regularly;
f. Share in the work to maintain the premises; and
g. Legally share in the ownership or possession of the premises."
(e) Conditions. The Board may impose such additional conditions as it deems necessary for
the general welfare, for the protection of individual property rights, and for ensuring that
the intent and objectives of this Ordinance will be observed.
(6) Lapse of Approval.All Special Use Permits shall lapse 12 months after the date of issuance unless
the use is undertaken, or a building permit has been issued and actual construction started. Where
unusual circumstances may prevent compliance with this time requirement, the Zoning Board of
Adjustment may,upon written request by the affected permittee, extend the time for required start
of construction an additional 60 days. Excavation shall not be considered construction for the
purpose of enforcing this Section.
(7) Successive Applications. In the event that the Board denies an application for a Special Use
Permit, a similar application shall not be refiled for 12 months from the advertised public hearing
date. The Board, on petition by the applicant, may permit a refiling of this application after 6
months from the original hearing date when it determines that significant physical, economic or
land use changes have taken place within the immediate vicinity, or a significant zoning ordinance
text change has been adopted, or when the reapplication is for a different use than the original
request. The applicant shall submit a detailed statement setting out those changes that he or she
deems significant or upon which he or she relies for refiling the original application.
(8) Site Plans approved as part of a Special Use Permit. All site plans approved as part of an
approved Special Use permit may only be amended pursuant to the same procedures for approving
Minor Changes to a Major Site Development Plan as provided in Section 29.1502(6).
16
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY AMENDING SECTION
29.901(2) THEREOF, FOR THE PURPOSE OF INCLUDING
SPORTS PRACTICE FACILITIES AS AN ALLOWABLE USE
IN GENERAL INDUSTRIAL (GI) ZONE USES REPEALING
ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby
amended by amending Section 29.901(2)as follows:
"(2) Permitted Uses. The uses permitted in the GI Zone are set forth in Table 29.901(2)
below:
Table 29.901(2)
General Industrial(GI)Zone Uses
USE STATUS APPROVAL APPROVAL
CATEGORY REQUIRED AUTHORITY
MISCELLANEOUS USES
Sports Practice Facilities(Indoor Only) Y SP ZBA
Y = Yes: permitted as indicated by required approval.
N = No: prohibited
SP = Special Use Permit required: See Section 29.1503
SDP Minor = Site Development Plan Minor: See Section 29.1502(3)
SDP Major = Site Development Plan Major: See Section9.1502(4)
ZBA = Zoning Board of Adjustment
Section Two. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the
extent of such conflict,if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this day of ,2023.
Renee Hall,City Clerk John A.Haila,Mayor